UPTP EXAM2 STUDY GUIDE – PRACTICE
QUESTIONS & CORRECT ANSWERS
(2026/2027)
(Pg. 342-343)Recognize when the fourth amendment applies to government
action - correct answer-- the 4th amendment regulates the actions of
government officials.
- the term "government doesn't solely refer to law enforcement conduct but acts
as a restraint to the entire government.
- the 4th does not regulate private conduct regardless of whether that conduct is
reasonable or unreasonable.
- evidence of a crime that is obtained through a private search may be admissible
against a defendant, even if the private search was conducted illegally.
- the 4th amendment applies when a citizen is acting as an instrument or agent of
the government.
(pg. 343) three factors to prove a citizen is working for the government in a search
- correct answer-1) whether the government knows of or acquiesces in the
private actors conduct.
2) whether the private party intends to assist law enforcement officers at the
time of the search.
3) whether the government affirmatively encourages initiates or instigated the
private action.
QUESTIONS & CORRECT ANSWERS
(2026/2027)
(Pg. 342-343)Recognize when the fourth amendment applies to government
action - correct answer-- the 4th amendment regulates the actions of
government officials.
- the term "government doesn't solely refer to law enforcement conduct but acts
as a restraint to the entire government.
- the 4th does not regulate private conduct regardless of whether that conduct is
reasonable or unreasonable.
- evidence of a crime that is obtained through a private search may be admissible
against a defendant, even if the private search was conducted illegally.
- the 4th amendment applies when a citizen is acting as an instrument or agent of
the government.
(pg. 343) three factors to prove a citizen is working for the government in a search
- correct answer-1) whether the government knows of or acquiesces in the
private actors conduct.
2) whether the private party intends to assist law enforcement officers at the
time of the search.
3) whether the government affirmatively encourages initiates or instigated the
private action.
